Terms of Use
SPECTRAL RESPONSE, LLC (“SPECTRAL”) and UnParalleled, LLC (UP) operate the spectralresponse.com web site (the “Site”) to provide online access to product information managed by UP and SPECTRAL (the “Service”). By accessing and using the Site, you agree to each of the terms and conditions set fourth herein (“Terms of Use”). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas. These general terms and conditions, together with such additional terms and conditions where applicable, are referred to as this “Agreement.” SPECTRAL reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
1. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to SPECTRAL or its partners, affiliates, contributors or third parties. You may use the Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. You agree not to copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site or the Service, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
2. DISCLAIMERS
(a) Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by SPECTRAL of the third party, the third-party site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that SPECTRAL is not responsible for the availability of any such web sites and that SPECTRAL does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.
(b) Third Party Content. This Site contains information and content provided by third parties not related to SPECTRAL. Such third party information and content does not constitute or imply an endorsement, sponsorship, or recommendation by SPECTRAL of the third party or such information or content. You acknowledge and agree that SPECTRAL is not responsible for the availability of any such information or content and that SPECTRAL does not endorse or warrant, and is not responsible or liable for, any such information or the content.
(c) Downloading Files. SPECTRAL cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files or programs. You assume the entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content.
(d) International Use. SPECTRAL makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
3. DISCLAIMER OF WARRANTIES
You agree to assume all responsibility and risk for your use of the Site, the Service and the content. SPECTRAL and UP make no express or implied warranties, representations or warranties whatsoever with respect to the Site, the Service or the content. SPECTRAL and UP expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringment with regard to the Site, the Service and the content. SPECTRAL shall not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the Site, the Service or the content. SPECTRAL and UP do not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. SPECTRAL and UP do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The Site, the Service and the content are provided on an “as is” and “as available” basis.
4. LIMITATION OF LIABILITY
You understand and agree that under no circumstances will SPECTRAL or UP be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or indirect damages arising out of (i) the use of or inability to use the Site, the Service, or the content, (ii) any claim attributable to errors, omissions, or other inaccuracies in the Site, the Service and/or the content, (iii) unauthorized access to or alteration of your transmissions or data, or (iv) any other matter relating to the Site, the Service, or the content, even if SPECTRAL has been advised of the possibility of such damages. If you are dissatisfied with the Site, the Service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, SPECTRAL’s and UP liability is limited and warranties are excluded to the greatest extent permitted by law, but SPECTRAL’s liability shall, in no event, exceed $100.00.
5. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless SPECTRAL and UP, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
6. PRIVACY STATEMENT
to see SPECTRAL’s Privacy Policy Click here
7. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION
If you supply or post any information or material to or via the Site, you guarantee to us that you have the legal right to provide such material or information and that it will not violate any law or the rights of any person or entity.
9. GENERAL PROVISIONS
(a) Entire Agreement/No Waiver. These Terms of Use constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by SPECTRAL or UP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. SPECTRAL and UP therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. SPECTRAL and UP do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
(c) Enforcement/Choice of Law/Choice of Forum. Every provision of these Terms of Use shall be construed as valid and enforceable. If any provision of the Terms of Use, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect.
(d) Dispute Resolution. If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief or rights relating to intellectual property or confidentiality obligations), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute shall be resolved in binding arbitration by a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified herein. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. The arbitrator may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator shall issue a reasoned award. The arbitrator shall not be authorized to award punitive or exemplary damages. The cost of the arbitration shall be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration shall hold in confidence the existence, content and outcome of the arbitration. The location of arbitration shall be Atlnata, Georgia USA. The language of the arbitration shall be the English language.
10. QUESTIONS OR ADDITIONAL INFORMATION.
If you have questions regarding this Agreement or wish to obtain additional information, please send a letter via the U.S. Mail to:
SPECTRAL RESPONSE, LLC
1725 MacLeod Dr.
Lawrenceville, GA 30043
UNPARALLELED, LLC
740 Ashley Laine Walk
Lawrenceville, GA 30043
Date of Last Modification: February 28, 2013